Acceptance of Terms Through Use
Links to Third Party Sites & Services
Our Site contains links to and from other sites operated by third parties that take you outside of our service. You will be notified when you are leaving Pelswick.com. This notification is in the form of a special window and the user will be asked to confirm intent to leave the site. If you "click" on a banner advertisement or a search result, the "click" may take you off Pelswick.com. This includes links from sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.
You acknowledge that all content and materials available on this Site, including all the all logos, names, package designs and marks on the Site, selection, coordination, arrangement and enhancement of such content as well as content original to it are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Nelvana or our licensors or Nelvana has obtained the necessary permission of the owner of the intellectual property in such content to use the content on our Site. The unauthorized or unlawful use of any of these materials is strictly prohibited. Nelvana, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site.
Web Site Content and Submissions
Nelvana likes to hear from you and welcome your comments regarding our products, including our on-line services. Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. Accordingly, we ask that you DO NOT send us any original creative materials such as songs, stories or character ideas, screenplays, or original artwork. If, despite our request that you do not send us any creative materials, you send us suggestions, ideas, notes, drawings, songs, concepts or other information by email, snail mail, fax, etc., then by such action, you have waived any and all proprietary rights which you may have in such materials and these materials may be used by Nelvana in any way that we want - forever. By posting or submitting content to the Site, you grant Nelvana and its worldwide licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose, without any obligation of confidentiality on our part and without any compensation or acknowledgement to you or any third party whatsoever i.e. we do not have to pay you or your child anything for your submission. You also warrant and represent that you own or otherwise control all of the rights to the content you post or submit to the Site and that our public posting and use of your content will not infringe or violate the rights of any third party. The burden of determining that any material is not protected by copyright rests with you. Nelvana retains the right to monitor, edit or otherwise change your posting or other content submitted to the Site without your permission.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. NELVANA DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER NELVANA, NOR ITS PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE AND/OR OUR AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NELVANA, NOR ITS PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Other than as aforesaid, if you are dissatisfied with any of the Materials contained in this Site, or with any of the Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using this Site.
By choosing to access the Site from any location other than Canada, you accept full responsibility for compliance with all local laws that are applicable. NELVANA makes no representation that materials on the Site are appropriate or available for use in locations outside Canada, and accessing them from territories where their contents are illegal is prohibited.
Choice of Law
If there is any disagreement about what these Terms and Conditions mean or how they apply to you, the laws of the Province of Ontario and Canada, as applicable will apply, without regard to its conflict of laws rules. All claims relating to this site shall be governed by and construed in accordance with the laws of the Province of Ontario and you submit to the personal jurisdiction of such courts for the purpose of litigating such claim or action.
Integration and Severability
Breaking the Rules
If you do not abide by these provisions, Nelvana may restrict your use of the Site in any way we believe is appropriate, with or without notice and for any reason whatsoever.
Privacy and Disclosure